Herrett Trucking Co. v. J. D. Hamilton Fruit Co.
This text of 358 P.2d 554 (Herrett Trucking Co. v. J. D. Hamilton Fruit Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— In this lawsuit the appellant trucking company alleges that it (1) performed services for the respondent, J. D. Hamilton Fruit Company, and (2) seeks to obtain a money judgment against respondent for the services allegedly performed.
The evidence clearly establishes that certain trucking services were in fact performed by appellant. However, the crucial question is whether the appellant performed the trucking services for respondent or for other business entities (with somewhat similar trade names) operating in the Columbia Basin area.
The trial court determined that there was no evidence or reasonable inference therefrom to support appellant’s allegation of a carrier-shipper relationship, and liability in this connection, on the part of respondent. Judgment was entered dismissing appellant’s action with prejudice.
We find no reason to disturb the judgment of the trial court. It is hereby ordered, that the judgment be affirmed, with costs to respondent.
Weaver', Hill, Rosellini, and Foster, JJ., concur.
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Cite This Page — Counsel Stack
358 P.2d 554, 57 Wash. 2d 910, 1961 Wash. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrett-trucking-co-v-j-d-hamilton-fruit-co-wash-1961.